Tier 2 dependent query (main applicant changed to ILR(LR)

[Srujan1]

Hi all,

Thanks in advance for your help.

I have some queries related to my wife's visa (Tier 2 dependent)

I have changed my visa from Tier 2 general to ILR (10 years route) recently, My wife is on Tier 2 dependent visa which expires in Aug 2019

Below are my queries

1.Can my wife travel out of the country and come back as Tier 2 dependent(current visa) as my visa is changed to ILR (LR)?
2.What visa she need to extend and for how many years to make her eligible for ILR?
3.Does her current visa status is invalid?

Any help is really appreciated.

[CR001]

1. Risky, she could be denied entry and her visa cancelled by the IO.

2. She must apply for FLR(M) and meet the English and financial requirements. She will be on a new 5 year route to ILR, 2 x 2.5 year visas. Her clock resets to zero when she switches. Time spent as PBS dependent is lost for ILR based on 5 years residence.

3. Basically yes. See link below. The rules changes for PBS dependents of ILR LR applicants in April 2014.

immigration-for-family-members/dependan ... 43881.html

[Srujan1]

Thanks for the reply CR001

I have a query here after reading the below in bold

Applicants granted leave to enter or remain as a PBS
dependant before 9 July 2012
4.3.1. Changes to the Immigration Rules were implemented for Points Based System
dependants on 9 July 2012 and 6 September 2012.
4.3.2. The amended Rules allow a PBS dependant to qualify for leave to enter or remain
and to complete the route to settlement, provided they remain the partner of the
same person who was their partner when they entered this route. They do not have
to switch into the category of partner of a settled person, provided that the main PBS
migrant gains settlement as a PBS migrant, or gains British citizenship following a
grant of indefinite leave to remain as a PBS migrant.
4.3.3. The changes have the following impact for PBS dependants

Is that applied only to PBS dependent whose main applicant changed to ILR (tier 5 years route) as there is nothing mentioned for PBS dependent whose main applicant changed to ILR(10 years route)

The only thing mentioned for PBS depedent whose main applicant changed to ILR (10 years route) is as below

4.5. Long Residence and Points Based System Dependants
4.5.1. Where a relevant PBS migrant gains indefinite leave to remain under paragraph
276B on the basis of Long Residence, their partner will not be able to extend their
leave or gain settlement as a PBS dependant and will be required to switch into
the partner of a settled person category and apply for limited leave on that basis

I am happy with extending the visa based on FLR(m) but can it be done before my wife current leave to remain expires or should be done straight away for us to travel out of the country

Please advice. Really appreciate for taking time to answer

Link https://assets.publishing.service.gov.u ... _final.pdf

[CR001]

Is that applied only to PBS dependent whose main applicant changed to ILR (tier 5 years route)

Yes.

You should change her visa before she travels.